Received Event (Event Succeeded) Date: 3/8/2005 Time: 11:52 AM Pages: 88 Duration: 23 min 34 sec Sender: 850 414 1989 Company: Fax Number: Subject: Type: Fax MAR-B8-2825 12:08 RHCA/LEGAL MEDICAL 858 414 1989 ~ STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, . PETITIONER, Oy . O $ (a APL. ve CASE NO. 2001-02938 LEHEL KADOSA, M.D., RESPONDENT. ADMINISTRATIVE COMPLAINT o COMES NOW, Patitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Lehel Kadosa, M.D., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed physician within the state of Florida, having been issued license number 41277. 69 Received Event (Event Succeeded) Date: 3/8/2005 Time: 11:52 AM Pages: 88 Duration: 23 min 34 sec Sender: 850 414 1989 Company: | MAR-@8-2085 12:@8 AHCA/LEGAL MEDICAL 958 414 1989 co 3. Respondent's address of record is 7208 N. Sterling Avenue, | Tampa, Florida 33614. 4. Onor about April 18, 2001, Respondent was charged in a Three (3) Count Information in case number 01-CF-005999 in the Circuit Court, 13 Judicial Circuit in and for Hillsborough County, Florida with Lewd and Lacivious Battery in violation of Section 800.04(4)(a)(8), Florida Statutes, and Felony Battery in violation of Section 784.041, Florida Statutes, 5. | The Information alleged that Respondent engaged in sexual activity with a person 12 years of age or older, but less that 16 years of age. 6. On or about October 29, 2001, Respondent entered a plea of guilty to Count Two of the Information for Felony Battery, in violation of Section 784.041, Florida Statutes, in case number 01-CF-05999 in and for Hillsborough County, Florida. 7. On October 29, 2001, Respondent was sentenced to 4 years Probation to include random drug/alcohol testing, a mental health evaluation and treatment, 100 community service hours and no contact with any person under 18 years of age without supervision. 70 P.70/88 Received Event (Event Succeeded) Date: 3/8/2005 Time: 14:52 AM Pages: 88 Duration: 23 min 34 sec Sender: 850 414 1989 Company: Fax Number: Subject: Type: Fax MAR-@8-2085 12:48 AHCA/LEGAL MEDICAL. 858 414 1989 P.71788 on 8. The qualities that are essential to the practice of medicine include reliability, honesty, and good moral character. The crimes for which the Respondent plied guilty demonstrate that the Respondent lacks these essential qualities. By demonstrating that the Respondent lacks these essential qualities, Respondent’s crimes relate to the ability to practice medicine by showing that he is not worthy to be entrusted with the privileges and authority vested in those who are licensed to practice medicine. 9. The Respondent failed to report in writing the aforementioned conviction to the Board of Medicine within 30 days of the date of the conviction. COUNT ONE 10. Petitioner realleges and Incorporates paragraphs one (L) through cight (8) as If fully set forth herein. 11. Section 458.331(1)(c), Florida Statutes (2001), provides that being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of medicine or to the ability to practice medicine, constitutes grounds for disciplinary action by the Board of Medicine. Received Event (Event Succeeded) Date: 3/8/2005 Time: 11:52 AM Pages: 88 Duration: 23 min 34 sec Sender: 850 414 1989 Company: | MAR-@8-2085 12:@9 RHCA/LEGAL MEDICAL 858 414 1989 P.72/88 ~~ , wg: . . 12. Respondent's conviction of felony battery directly relates to his practice of medicine and to his ability to practice medicine. | 13. Based on the foregoing, Respondent has violated ‘Section 458.331(1)(c), Florida Statutes (2001), by being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of medicine or to the ability to practice medicine. COUNT TWO 14, Petitioner realleges and incorporates paragraphs one (1) o~ through nine (9) as if fully set forth in this count, 15. Section 458.331(1)(nn), Florida Statutes (2001), provides that violating any provision of Chapter 458 or Chapter 456, or any rules adopted pursuant thereto, constitutes grounds for disciplinary action by the Board of Medicine. Specifically Section 456.072(1)(w), Florida Statutes (2001), provides that failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction, constitutes ground for disciplinary action. 72 Received Event (Event Succeeded) Date: 3/8/2005 Time: 11:52 AM Pages: 88 Duration: 23 min 34 sec Sender: 850 414 1989 Company: Fax Number: Subject: Type: Fax MAR-@8-2805 12:89 AHCA/LEGAL MEDICAL 85@ 414 1989 P. 73/788 co 16. Respondent failed to report to the Board of Medicine his conviction within 30 days of date of the conviction. 17. Based on the foregoing, Respondent has violated Section 458.331(1)(nn), Florida Statutes (2001), by violating Section 456.072(1\(w), Florida Statutes (2001), by failing to report to the board, or the department if there is no board, In writing within 30 days after the Respondent has been convicted of found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. WHEREFORE, the Petitioner respecttully requests that the Board of Medicine enter an order Imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. Received Event (Event Succeeded) Date: 3/8/2005 Time: 11:52 AM Pages: 88 Duration: 23 min 34 sec Sender: 850 414 1989 Company: MAR-AB-2285 12:89 AHCA/LEGAL MEDICAL 858 414 1989 P.74/88 —_ SIGNED this 1) day of Mus Pil , , 200_. John O. Agwunobi, M.D., M.B.A. Secretary, Department of Health - . Rall Susan Salamy oe cag Assistant General Counsel Len% F Wey DOH Prosecution Services Unit CLEB Neatign Cetes 4052 Bald Cypress Way, Bin C-65 DATE __s Tallahassee, FL 32399-3265 Florida Bar # 0648809 (850) 414-8126 mo (850) 414-1991 FAX SS/bfb Reviewed and approved by: (¢/Cfinitials)_/2/#/ofuate) PCP: March 26, 2004 PCP Members: El-Bahri, Vijayanagar, Dyches Lehel Kadosa, M.D., DOH case No.2001-02938 74 Received Event (Event Succeeded) Date: 3/8/2005 Time: 11:52 AM Pages: 88 Duration: 23 min 34 sec Sender: 850 414 1989 Company: Fax Number: Subject: Type: Fax MAR-@8-2085 12:09 AHKCAZLEGAL MEDICAL 858 414 1989 P.75/768 oN NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted In accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena ‘and subpoena duces tecum issued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the Investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, ~. onthe Respondent in addition to any other discipline imposed. Lehel Kadosa, M.D., DOH case No.2001-02938 75

Docket for Case No: 05-000863PL

Orders for Case No: 05-000863PL